HomeMy WebLinkAbout9A - Sewer & Water SPL
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MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
CONSIDER APPROVAL OF CONSTRUCTION AND
MAINTENANCE AGREEMENT FOR SANITARY SEWER
AND WATER WITH SPRING LAKE TOWNSHIP.
History
A draft sewer and water maintenance and construction agreement was
prepared by the City Attorney's office and submitted for review by
Spring Lake Township represent~tives prior to the April 6, 1998 City
Council meeting. Prior to the meeting, the City Council received from
Andrew McArthur, the Township's Attorney, a letter requesting ten
changes to the agreement. At the Council meeting, the staff reported
that it recommended accommodating eight of the ten revisions Mr.
McArthur proposed. Mr. McArthur then requested that this agreement
be referred back to afford him additional time to review and comment
on the agreement. The City Council honored the request.
Current Circumstances
Two weeks ago we received a second set of extensive written revisions
from Mr. McArthur which originated from the Spring Lake Township
Board. The revisions were reviewed by the City Attorney and staff and
the majority of them incorporated into the agreement.
On May 12, 1998, the City Attorney, Public Works Director, Finance
Director, Mr. McArthur and I met to discuss any final concerns he
might have.
Issues
At our May 12 meeting, Mr. McArthur expressed concerns about the
following:
Inspection during construction: Language was added to clarify that the
inspector need not be certified but working under the direction of a
certified engineer.
16200\e~lBS~$lEP<Deor Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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ALTERNATIVES:
RECOMMENDED
MOTION:
R:\COUNCIL\SWRWTR.DOC
Regional Blueprint: The language was modified so that both parties
commit to the 80 hookup maximum allowed by the Metropolitan
Council which is consistent with Regional Blueprint development
densities.
~
Early Service: A paragraph was requested which would allow persons
to hook up to the municipal system before it is complete and tested if
their septic or well are disabled by the construction. We agreed that
this matter would be dealt with directly by the City and Township
engineer without that language in the contract.
Breach of Contract: The paragraph defining Township breach of
contract was made more specific and a paragraph identifying City
breach of contract was added.
Fees: Charges for oversizing were clarified. Concern was expressed
about the magnitude of the administrative fee. We discussed the
magnitude ofthe City's costs for this work and the Council's direction
that Prior Lake taxpayers are not to subsidize any portion of the
Township related action.
The attached agreement in legislative format sets forth all the changes
which have been made or requested to the agreement.
Conclusion
The township through their attorney has now had three different
opportunities to express their concerns about the agreement. The staff
has been responsive to those concerns without sacrificing the City's
interests. The Minnesota Municipal Board has indicated that the final
hearing date on the annexation request is June 1 which cannot be
extended. Therefore action on this agreement is required this evening
or at a special meeting ofthe Council which would have to be held
before June 1.
The Township intends to conduct a special meeting to approve the
agreement after the City acts. They have already ordered plans and
specifications and initiated eminent domain procedures to acquire
right-of-way for the project. In short, the project is moving forward.
1) Approve the agreement as written
2) Set a special meeting date before June 1 to approve the agreement.
Motion and second to approve the Construction and Maintenance
Agreement for Sanitary Sewer and Water with Spring Lake Township
as submitted with this report and authorize the Mayor and City
Manager to execute the agreement on behalf of the City.
05/13/98 WED 11:31 FAX 612 452 5550
CAMPBELL
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SANITARY SEWER AND WATER
THIs AGREEMENT is entered into this ' 1998 by and between the
Spring Lake Township, !1it':. . I:~~
.... "1+1. -.. ~ .. ~
(hereinafter "Township") and t e Ity of Prior e, a munic;:ipal corporation (hereinafter "City") for
the constrUction and maintenance of a sanitary sewer and water facility to seIVe certain areas in me
vicinity of Spring Lake, Scott CountY, Minnesota, and provides as follows:
RECITALS
WHEREAS, a Petition to Incorporate Spring Lake Township was fIled with the Minnesota Municipal
Board (hereinafter the IIMMB ") by citizens of Spring Lake Township on May 1S, 1997,
and
WHE:REAS, the Petition for Incorporation of the Township was denied by the MMB on July 8, 1997,
as set forth in the Order of the MMB dated October 16, 1997; and,
WHEREAS, as a part of the proceedings before the MMB, on July 8th, 1997, the MMB topk
jurisdiction over approximately 80 acres along the South Shore of Spring Lake depicted
in Exhibit A, attached hereto and incorporated herein, and legally described below as:
All that portion of Government Lot 3 and Government Lot 4, Section 9 Township
114 Range 22, lying north and west of the northerly' right-oi-way of State of
Minnesota Trunk Highway 13, aka Langford Blvd., aka Track F, R.L.S. 27. All
plats and subdivisions of record and also those subdivisions and plats which are
not of record. Including that PIO Government Lot 3 Lying W of Lot 11, Pautz
2nd & ,lA in Lots 2 &3. EXCEPT THAT PIO Government Lot 3 & com roost
westerly comer of Tract F, RLS #27, NE 429.25'. NW 672.25', SW to SW
Comer of Government Lot 3, E along S line to POB, approx 11.72 ae.; all as
records of the County Recorder of Scott County MiImesota.
and did initiate, by its own action, a proceeding to annex the area legally described above
into the City; and,
WBEIlEAS,
due to the high percentage of failing and non-compliant on-site systems in the area of
South Shore Drive, the Minnesota pollution Control Agency has recommended that waste
water treatment be provided through the City at the Metropolitan Council's Blue Lake
Regional Wastewater Treatment Facility in Shakopee; and
WHEREAS,
the MMB has required the City, the Township and property owners along South Shore
Drive to Meet and Confer on three occasions, with the intent and purpose of requiring
[IraZies] = Proposed Additions Not Made
..' . ;.. Proposed Additions Made
_ aequestcd DeletioP$ Not Made
iiM:"'- = Requested Deletions Made
iI... . .t..K' x-ifl'tK .... ..
Bold ... Our Additions
:Beld Skiknuts ... OUr Deletions
58806.08A (rlV1Sldl
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I
1
05/13/98 WED 11:31 FAX 612 452 5550
WHEREAS,
WHEREAS,
[WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
..-'.......'..
, ..
~;", =*.v:..:.: :o,',:f
CAMPBELL
141 003
the parties to negotiate a resolution of the annexation issues and septic system and water
problems in the South Shore Drive area; and,
providing municipal services to replace the ~1p.1WI'~~-j .. septic systems on
~~...,~:~m~7~~~I*~ "',. .~
properties along South Shore Drive is the enviromnentaIly responsible thing to do, and
the City compiled an Annexation Task Force Report (IIReport") dated April 4, 1997,
incorporated herein as Exhibit B which predicts that the areas depicted, in the Report as
7E and 7F would not be considered for annexation for five (5) year time period, at which
time the extension of sanitary sewer and water to the area would be eligible for inclusion
in the City's CIP; and
general public response throughou.t the township has been that most residents wish to
remain within the Township; and]
the parties to this Agreement, along with the local Watershed District, have agreed that
correcting the sewer and water problems in the South Shore Drive area ultimately
benefits. and protects Upper and Lower Prior Lake; and
it is the City's practice to assess 100% of the cost to provide sanitary sewer and water
facilities to the benefitted properties and the City Council has expressed its opinion that
residents in the South Shore Drive area should be treated in a similar maIUler as City
residents are treated if the City .1~mWit.a i)lla~ facilities to serve South Shore Drive
'~'I'C ,'a'~"I';-;;~~!~~!':'~':':'*:l>>)'1 ~1....~~;~';.j:~;":1.;,
properties; and . . ,.....,
based on feasibility reports on the proposed project) the cost of the project will be less
costly if constructed as a Township project rather than a City project because a project
in the Township would not have to meet all City design standards; and,
the Metropolitan Council has advised the City and Township that the regional service
capacity used for provision of service to the subject area wilI not be deducted from
regional capacity allocated to the City as a result of this Agreement; and
the proposed project is intended to provide an environmentally sensitive solution to an
immediate problem rather than to encourage development, therefore, the Township
Supervisors have agreed to limit the density of future development in Area 7 E & 7F
consistent with the [adopred Scott County Comprehensive Plan] Metropolitan Council's
Regional Blueprint; and,
58B06.08A (reviSed)
2
[Italics] = Proposed Additions Not Made
!~IIj~~Am!A\l .. Propolled Additions Made
'~~~I;!~lt-l:' .
sa-i:kISS\lt = Requested Deletions Not Made
~~mUiI~1f.Pi = Requested Deletions Made
.~:.:..o:iwo),,'o.~.:u:t::>z'. '".i1 ..ttl'h";11of4~
Bold - Our Additions
Behl 8trillesYk - Our Deletions
05~13/98 .WED 11:32 FAX 612 452 5550
CAMPBELL
~UU4
WHEREAS, the sanitat}' sewer and water facility referred to in this Agreement is intended to serve,
to the extent Connection Units are available, the [shaded areas within Exhibit A] service
area depicted in Figure 3 of Exhibit C.
Now, THEREFORE, in consideration of the mUNal promises and covenants set fonh herein. and for such
good and valuable consideration, the sufficiency of which is not disputed, the City of Prior Lake, Sp~
Lake Township, and the Metropolitan Council agree as follows:
1. Definitions. As they are used in this Agreement, the following terms shall have the meaning
given to them in this Section:
City shall mean the government of the City of Prior Lake, Minnesota.
TownshiD shall mean the government of the Township of Spring Lake, Minnesota.
Counry shall mean the government of Scott County, Minnesota.
Connection Unit shall mean a residential or commercial building connection to the
Facility system or any independent sanitary sewer and water service line that would
utilize the Facility.
Facility shall mean tbe sanitary sewer, including lift stations, and water facilities to be
constructed by the Township and connected to ,City utilities to serve the [shaded area
depicted in Exhibit A] service area depicted as Figure 3 of Exhibit C_
MetroDoliran Council shall mean the agency created by Minnesota Statutes 1473.123.
Parties shall mean the City of Prior Lake and Spring Lake Township.
2. Purpose. The City and Township desire to provide an enviromnentally sensitive and responsible
solution to the problem of non-compliant and failing septic systems on certain properties along
South Shore Drive in ,~pring Lake Township. Irlli_ Iii. septic systems -~
" '.. III an environmental threat to Spring Lake which flows directly into Upper
Prior e. Consequently, the waters of Upper and Lower Prior Lake are threatened if
contaminates from the ~~l~~m~~~~~ If~ septic systems pollute Spring Lake. Connecting the
m~~l;4;i~~"i\~~~.lm _..:S.u'Z,.b'$._
properties with non-compliant or failing septic systems to municipal sewer and water will protect
Spring Lake, Upper and Lower Prior Lake and preserve the propeny value of the homes in the
area served by the municipal facilities.
The City and Township desire to enter into this Agreement whereby the City will provide the
Township with limited sanitary sewer and water capacity. The Area served by the Facilities
'provided pursuant to this Agreement will be limited to maintain development densities consistent
58806.0ilA (revised)
3
[Itelics] == Proposed Additions Not Made
l>>~mwM~~ = Proposed Additions Made
H.~m;mD
Slrike9lJI = Requested Deletions Not Made
_1 = Requested Deletions Made
Bold = Our Additions
IIeId Strlli.eellts ... Our Deletions
t
I
05/13/98 WED 11:32 FAX 612 452 5550
CAMPBELL
141 005
with the Metropolitan Council's Regional Growth Strategy. This limitation will be implemented
by limiting the number of Connection Units pennitted to connect to the Facility.
2.1 Recitals. The recitals set forth above are incorporated herem as if fully set forth.
2.2 Exhibits. Exhibits [A and B] A, B and C referred to in the Recitals above are
incorporated by reference into this Agreement 'as if they were fully set forth herein~
3. Fees. As part of the consideration for permitting the Township to connect the Facility to the
City's sanitary sewer and water pipes, the Township shall pay the following City fees:
City SAC and WAC per Connection Unit;
City Water tower fees per Connection Unit;
City Sewer and Water Trunk Acreage Fees based on up to 80 Connection Units
x 12,500 square feet.
3.1
Amount of Fee. The amount of the City fees shall be that fee adopted by the City
Council. and in effect at the time the fee is required to be paid.
3.2
Metropolitan Council Reserve Capacity Charges. In addition to the City fees set out
above, [those individuals receiving service within] the Township shall pay directly to the
Metropolitan Council all Reserve Capacity Charges in the form of Service Availability
Charges ("SAC") as detennined by the Metropolitan Council.
3.3
~~~~~~i~~~,Fees Requir~~...., All fees set forth i~, this Paragraph 3 .ml~i!ml'.fl{i~
mll~lri..~~:, , ,:',. shall be paid upon completion by the
Township of the construction of the Facilities and before the Facility is operational. In
additi8ft t8 tht City fees set slit eoft:. the TO'iVllship- shall pity the Metrepelitsn
CeuDal's Reserve Capaeity Ck&Fges.
4. Preliminarv Design. The preliminary design of the Facility shall be in substantial accord with
the design outlined in the Preliminary Engineering Report of WSB & Associates, Inc. prepared
by Donald W. Sterna and dated November 14, 1997. A copy of this Preliminary Report is
incorporated by reference hereto as Exhibit C.
5. Plans and SDeclfications. Prior to the commencement of constrUction of the Facility, it shall
be the obligation of the Township to provide to the City plans and specifications for the Facility,
prepared by a professional engineer licensed by the State of Minnesota. Such designs shall be
in accordance with the requirements of the City Public Works Design Manual, incorporated by
reference herein. Th:e aesigas shall ineh:l.t!e 8. water metering [aailhy elf 8. type Sl:lffieieftt to
pedarm the meteriflg of flaw peqaired ey PfH'llgfB.pa 17.1 of this i'.gfeeEHlilat. The City shall
have the right to review and [comment on] approve the plans and specifications for the Facility,
said comments to be received within fifteen (15) business days after submission of a complete
5880Ei.084 lrevhed)
4
[ltolics] - Proposed Additions Not Made
~~~~~"'A'ij -= Proposed Additions Made
~~<~~~!~~
Strikee1:lt "" Requested Deletions Not Made
1:[_",_ "'" Requested Deletions Made
Bold ... Our Additions
, Beld Strik"lItfl "" Our Deletions
05<13/98 WED 11:33 FAX 612 452 5550
CAMPBELL
set of the plans and specifications to the City. The plans and specifications also shall be
submitted by the Township to the Prior Lake/Spring Lake Watershed District, Metropolitan
Council, the Minnesota Department of Health and Mirmesota pollution Control Agency for
review and conunent.
5.1 Change Orden. Any Change Orders during construction shall be submitted to the City
Engineer at least [rhree (3)] five (5) business days ftfteeB (IS) days prior to approval
by the Township. If the City Engineer fails to conunent on the proposed change order
prior to such time as the Change Order is before the Township Board for consideration.
the City shall be deemed to have concurred in the Change Order. in which case the
Change Order will be deemed to comply with the City's Public Works Design Manual.
In no event shall the City be liable in any manner for construction delays which may
occur as a result of a Change Order or the City's response thereto.
6. Necessary AUDrovals and Rights-Of-Wav. Prior to the commencement of construction of the
Facility, the Township shall have commenced quick take proceedings to acquire necessary right-
of-way or have obtained constrUction easements and other necessary approvals for right-of-way
from persons ~d entities owning land or rights in land across which the Facility will be
constructed.
Prior to connection of the Facility to the City, the Township will apply for, satisfy and receive
all approvals and conditions required by the Metropolitan Council; including but not limited to
an amendment to their Comprehensive Plan and a Tier 1 and Tier 2 Comprehensive Sewer Plan.
, 6.1 Permits. Prior to [or during] the conirnencement of construction of the Facility, the
Township must obtain and provide copies to the City of necessary permits from the
Prior Lake/Spring Lak~ Watershed District; the Minnesota Department of Health for
watettnain extension/construction; Scott County for utility and driveway permits; and the
Minnesota Pollution Control Agency for sanitary sewer extension/construction. A copy
of the Minnesota Pollution Control Agency permit application for sanitary sewer
extension/constrUction shall also be forwarded to the Metropolitan Council.
7. It shall be the obligation of the Township to provide for
"; "t~",. and testin "If-:~' '~,"" of the Facility during
its construction.. ,. :~~~..{.fil by a
professional engineer licensed in the State of Minnesota in order to ensure that the construction
comports with the plans and specifications described in Paragraph 5 of this Agreement.
8. Costs. The cost of all aspects of the design, construction and Bnd
testing 1Il,,~j of the Facility including the costs of any oversizing to serve future expansion
within the Township shall be borne by the Township.
9. As-Built Drawings. Within three (3) months of completion of the Facility, the Township shall
5
[Italics] "" Proposed Additions Not Made
iir-~~~JfA'iW'.f.i~~ = Proposed Additions Made
~.JU1~~
Strikll9Yt = Requested DeletionS Not Made
i:l~ R dDI' Md
"':ii"" "',,:~:,~: :.~"""'.''''ft'''''''' equestc c ctlons a e
Bold == Our Additions
Belt! Skilte8tl~ = Our Deletion.:l
58806.0SA [rl!V1sed)
-_.~... .... _............- ....__......,...~._..._.._._- .,.......- ....--..--..-'..'-..- I
05/13/98 WED 11:33 FAX 612 452 5550
CAMPBELL
~00'7
provide As-Built Drawings, certified by a professional engineer licensed in the State of
Minnesota, to the City and the Metropolitan Council and shall retain a copy of the same in the
records of the Township. The Township shall also submit the As-Built Drawings in electronic
format to the City in a fonnat compatible with the City's current software, Au[oCAD Release
13. If the As-Built Designs indicate that the Facility as constructed is not substantially in
conformance with the City Public Works Design Manual and the approved plans and
specifications and all modifications thereof, the City shall notify the Township in writing of the
alleged deficiencies. The Township Engineer and the City Engineer shall meet to determine
whether such lack of conformity with the Design Manual or approved plans and specifications
is, in their professional opinion, substantial and whether the alleged deficiency will adversely
affect the City sanitary sewer and water systems. Minor deviations may be waived by the City.
The City will not unreasonably withhold waiving a minor deviation if the nature of the deviation
will not adversely affect the Facility and City systems. If it is determined that any
nonconformity is substantial and may, if not corrected, adversely affect the F~cility or the City
t th '" ^ll!:!W~W~'~:~"im"il[;'i&(~mr~~ii'liil.l.tt.u"l~~~jJ:~.jiiJWMt@':f~wm~il';.~:'~"'~~~1i.';lil~';:;;'~~1~W1tmt!~~7~~~~i
sys em) e . ~.~~~ .. :~~!W~~~fM~~1~~~(1~l~i~w~~~~~~~~~rji?~fl~1t:I~~<<J.~~~ffl~~~A~~t~\{~1~~f:fQ~
If the Township fails after reasonable notice to make the corrections
requested by the City, the City shall have the right to disconnect the Township Facility
from the City',s sanitary sewer and water pipes. ' ,',.":, ~I, .""'>:''''''*'' ":'~"':',\" '~': :~''''.'" 7.,1' '4<' '....."",....',M*""'" ,",
. :.! !'~....:o!~:.. ~!o'....,:.:.. "'{.:'::'~'!" .:.~r."'~~~),;' '$;;0;:1<;:""0;' ,:>".~l ~~!\ '~:'~'l:l:l:l*!~~~(l)~~:~~~l:~'" .
t:.1f.~t.:;~ :w:~; :8:h~ '. ~~;~~!i$:~":;:~:~:~;;;:.:.~~~~~:i";;c.~a.\\.: If' .~~~ ,', ..:~(. ....;I::~:~.i~:;s:::;~:,.;;;:r.:ti:,.i j~J.:C~~tf\~;*xl;C~:'~~;~':~'ii:1'i!;!~h;~x:~;~:l~x.A~, ~"'I' .:~1:::~' .
10. RelZional Limitations as Limitations on Township. The Township recognizes that certain
regional limitations in sanitary sewer capacity exist which might impact the capacity of sanitary
sewer which shall be available for allocation to the Township in the future. As such, the
number of individual connections to the Facility by the Township shall not exceed the number
approved by the Metropolitan Council in the Townships Comprehensive Sewer Plan or eighty
(80) Conneetion Umt3, 'lAllchever is smaller. Any increase in the number of Connection Units
authorized to COIUlect to the Facility shall require an amendment to this Agreement executed in
writing by the parties.
11. Reserved Capacitv Charl!es. The Township agrees to pay the Metropolitan Council reserve
capacity charges (which presently takes the form of Service Availability Charges ("SAC")). or
any statutory successor to such charges, pursuant to Metropolitan Council regulation and policy.
Such payments will be made directly to the Metropolitan Council.
11.1 Future Connections. All furore Connection Units to the Facility shall be subject to the
payment provisions in Paragraph 3 and this Paragraph. Such paymenrs shall be made
prior to actual connection to the Facility.
11.2 Payment of Metropolitan Council and City Fees. Before the Facility is authorized to
connect to the City, [exceptfor chose residences which may require early hook up to the
system pursuanr to paragraph 19], the Township shall pay: (1) the Metropolitan Council
reserved capacity charges, at the then-prevailing rate, for the number of Conncction
Units connected to the Facility and (2) the City SAC, WAC, Water Tower and Trunk
5a806.08A (revised)
6
[IraZies] "" :Proposed Additions Not Made
~tmmrd'[l~l "" Proposed Additions Made
H.~;.~;tl't~;'M;'~,,>:~~~ .
8~ee~n = Requested Pelebons Not Made
~:~~.'Ijir"" ... Re uested Deletions Made
~W~ ~l':'lt ....O!.IJ;~ ~~V;,:&;O: : q
Bold ... Our Additions
Beld Striheell15 "" Our Dc:leuons
05/13/98 WED 11:34 FAX 612 452 5550
CAMPBELL
14I 008
. acreage charges, at the: then prevailing rate, for ilie number of Connection Units _Ii
connected to the Facility.
12. Notice to Parties. The Township shall provide to each of the Parties to this Agreement 30
days' notice of properties cOIUlected to, or to be connected to the Facility. The notice shall
identify the owner, address and legal description the property(ies) to be added.
13. Maximum Flow permissible.. The Township 'shall be entitled to discharge from its sanitclry
sewer flow from up to, but not more than the number of COImection Units authorized in
Paragraph 10 of this Agreement. The right to discharge sanitary sewage which the Township
obtains under the terms of this Agreement, and the amount of capacity which the Township has
the right to use is obtained exclusively by the Township for use by the properties identified and
no portion, allotment, apportionment or share of the rights so obtained by the Township may
be assigned, allocated by the Township to any property outside of the [shaded area identified
in Exhibit A] service area depicted in Figure 3 of Exhibit C.
14. Reeional Blueorint. Tlie Te";JB5hip agrees not to [ret'Bl'l'tmel'ld:j Bppra"'e any laBd use fer my
praperty m EJUribit .\ if me ae"..elopment densities are iaeensbtent with the Metrepelitan
CeeReil~ R~giolial Blueprint. [s, flfiopWd Sea" CaflRty Cefflprelunai'..e Pl6n.] The Townsb.ip
will not request and the City will not consent to any increase in Connection Units, above
the eighty (80) provided for in this Agreement, if such increase would permit development
densities that are inconsistent with the Regional Blueprint.
15. OwnershiD of the Facility. Upon completion of the Facility, the Township shall retain all right,
title and interest in and to all portions of the Facility which lie within the Township, and the
Township shall convey to the City all of the Township's right, title and interest in and to the
portions of the Facility, if any, which lies within the City.
16. annexation proceedings involving any
"'
1 T. Use. Monitorinf! and Maintenance of the Facilitv. The Parties agree that the following actions
are necessary to monitor and maintain the Facility and its use:
17.1 Township Ordinance. Metropolitan Council Rules. The Township will adopt an
Ordinance which supplements and aids the enforcement of the Waste Discharge Rules of
the Metropolitan Council, but which will not preempt those Rules. It is the express
agreement of the Parties that the Waste Discharge Rules of the Metropolitan Council
(including the Metropolitan Council's strength discharge provisions) shall apply to users
of the Facility within the boundaries of the Township. The use of the Facility shall be
58806.011A C reY1s~)
7
[Italics] = ProPQsed Additions Not Made
flilltf'.. == Proposed A.dditions Made
Sa-ikel1lit = Requested DeletioDs Not Madel
lW~A_ ... Requested Deletions Made
Bold ... Our Additions
Bald Striltl!8utB "" OUr Deletions
---..--.--.-~-.---,--,.-- .--..--------.-,. T
I
05/13/98 WED 11:34 FAX 612 452 5550
CAMPBELL
141009
in all respects consistent with the provisions of the Permit for the Construction and
Operation of a Disposal System, issued to the Township by the MPCA, and shall also
be consistent with the terms of the Ordinance which incorporates and applies with full
force and effect the provisions of the Pennit.
Prior Lake City Code. The Ordinance to be adopted by the Township shall also
incorporate the provisions from the Prior Lake City Code as may be amended from time
to time attached hereto as Exhibit "D". Any future amendments to the Prior Lake City
Code relating in any manner to sanitary sewer or water, which apply to City residents,
shall also apply to Township residents served by the Facility. The City shall provide the
Township Clerk with notice of any such Code provisions. Upon receipt of notice from
the City, the Township shall provide to its residents served by the Facility notice of said
Code provisions. The Township shall be responsible for enforcement of said City Code
provisions for its residents connected to the Facility. Failure (0 enforce said Code
provisions shall be considered a breach of this Agreement.
By execution of this Agreement, the Township agrees that it will take no action to
rescind ~r modify the Ordinance before it has provided written notice of such action to
the City, the Metropolitan Council, and the Prior Lake/Spring Lake Watershed District,
not less than thirty (30) days in advance of any proposed action by the Township Board
to rescind or amend the Ordinance.
17.2 Sump Pumps. No roof runoff, sump pump. subsurface or surface water drainage shall
be connected to the sanitary sewer. All sump pump discharge systems shall have a
permanently installed discharge line, which shall not at any time discharge clear water
into the sanitary sewer system. The sump pump discharge system shall consist of a rigid
discharge line, without valving or quick connections for altering the path of the
discharge.
17.3 Access For Inspections. The Township will grant access at reasonable times and upon
reasonable notice to the City and the Metropolitan Council to its sanitary sewer and water
hookup records in order to permit the City and the Metropolitan Council to verify that
all City Charges and the Reserved Capacity Charges paid by the Township are accurate.
17.4 Metering. The Township agrees to install. maintain a flow meter on the water main
connection, ~':' t':~"I"'x '
~'t~ .k.~~' "
. o:~~.: "tNt. ON '~~;ij;'$;~ (>):t '~~lo& :t' c~... ~K':':' .
~_~ The meters shall be read and reponed to th~' C'itY on' aV'routm.e' baSi~1
during the 1st ten (10) days following the City's billing statement date (i.e. 211, 4/1, 6/1,
1011 & 12/1 billing cycles) I'viit~r...fi1).iim~~::f1M!D''Ii~~~.h1j'rl~Q9:i~WI.I~~.
, 1*~~;~:,:t~..~:!it~,:"(;:::t:i~i~:0$:t,;t.z.....;t:~::~~~~f~!)C~~~:w=5:~I~~m1<<<<~;~t:~..:~1#,If;~lC=~R~!t!;:~:*_':'~<l2~:!~;
SIl806,OBA (rl!vlJl!d)
8
[Italics) = Proposed Additions Not Made
ii.t~Anl~~'fm'li. = Proposed Adclitions Made
1~'mJlfs!t..:'Im~~~~~
StrikeeUf = Requested Deletions Not l\hde
~_~t~i ... Requested Deletions Ma.de
.,:'" f '~ ~~~ ,us' . '~MX'"
Bold = Our Additions
'hIli Btrike8uts = Our Deletions
05/13/98 WED 11:35 FAX 612 452 5550
CAMPBELL
14I 010
17.5
18.
17,4.1
Pavment of Fees to CitY., The City shall bill the [individual rownship
residents receiving service] Township based on the flow reported at the
prevailing City sanitary sewer and water rates in effect at the time. The
Township shall be responsible for determining and implementing a method
to bill and collect fees from individual properties connected to the Facility
within the Township. Payment to the City shall not be dependent on the
Township collecting fees from the individual properties connected to the
Facility .
17.4.2.
Estimated U sa~e Permitted. During periods [when aTry individual
resident's] when the metering device is out of operation the flow from the
[said resident] Township shall be estimated based upon the average prior
usage method applicable to all estimated City customers.
,: Service requests and
complaints shall be received and handled by the Township. The City may, on occasion,
at its discretion and upon the request of the Township provide maintenance service, over
and above that identified herein, to the Facility on a fee for service basis. If the City
agrees to provide service, the scheduling thereof is at the discretion of the City.
saa06.08A (revised)
9
[lralics] == Proposed Additions Not Made
~t = Proposec1 Additions Made
Strikee\ll _ Requested Deletions Not Mlllde
!;.f.41I.". - Requested Deletions Made
Bold = Our Additions
Belli Etfil.eeuY = Our Deletions
T. I
1
05/13/98 WED 11:37 FAX 612 452 5550
CAMPBELL
~Oi1
19.
[Early Service. In the event rhat during the course of consTruction of ehe Facility it becomes
necessary for certain residences to hook-up to rhe City system prior to complete construction of
the Facility due ro necessary interference with existing wells and sepric sysrems, the City shall
allow such early connection in order to protect the health, safery and welfare of the residents
of ehe affected area.]
19.
'..... . ';0, . ".
" .' In the event the Township'breaches"~'iii'e"provisf~M"s~ioutin-Paragrapii;
3':,.'rtrri.l, 13, 14 or 17 of this Agreement the City shall provide the Township with written
notice of the breach and provide the Township with thirty (30) days to cure the breach. Failure
to pay charges due to the City shall be considered a breach of this Agreement. If the Township
fails to cure the breach within the time specified, the City may [seek injunctive or other relief,
including costs, disbursements and'atrorneys' fees] disconnect the Facility from the City sanitary
d . iI"'.':ii*lr".'y."'~".,~~~'~I\".miM!~~~W"'~;l'i:l!ill"l~~"'.'l~&~~.'l'l'j"*,""~""" "'"'""'"""':ili~~".x"';u'W~,\)!4i'"~''>.Y:.IQT~~I'''~:f.l:lo'
sewer an water pIpes. .' ~~::~~~~!l!~i.~g4Y:$..i:;~?t~~'~: ~J~~h!.~~iW:~j.~ ': ~',: ::::.;':' ',~~ll~~~~ti4tf."J.e~i,~#.~j, ',:'~': '
~;,~alri1tila&~1Jl[j~~;W~. It i's"u';iders'to'ocr6'y."tl1~'P~rti~s:"ho';~~~;:""that'Mth~'.cIty'>>'~'~;~i;~"'the~ ri.g" ht
~~.:c-x.!.:(.~:.!.x~M:c.!l~~!;>>!~!tJ!~~r.~
to shut off service in accordance with its policy iri emergency cases.
20.
Remedies. Each right, power or remedy herein conferred upon the City ~~~ljt~.@1.'~~1&
mM",l"ii"XYt~tt~.- ;u.~~
cumulative and in addition to every other ri ht, power or remedy, express or impliedt now or
hereafter arising, available to City if.f'" r.:;=fj at law or in equity, or under any other
agreement, and each and every right. power and remedy herein set forth or otherwise so existing
may be exercised from time to time as often and in such order as may be deemed expedient by
SBB06,OBA Irev15tdJ
10
[Italics] = Proposed Addidons Not Made
__ ... Proposed Additions Made
'Si~ike:\it" ~:"R~qucstcd Oeletions Not Made
ilr_I~_. ... Requested Deletionsd~ade
Bold ;:; Our Ad mons
Belli Stl'il(e9Y&s == Our Deletions
05/13/98 WED 11:39 FAX 612 452 5550
CAMPBELL
141 012
the City fllllil_1 and shall not be a waiver of the right to exercise at any time thereafter
any other right, power or remedy.
21. Notice. Notice provided under this Agreement shall be in writing, signed by the officers
signatory to this Agreement or their successors and shall be sent by Certified Mail. Return
Receipt Requested. to the Parties at the following addresses:
To the Township:
Spring Lake Township
15870 Franklin Trail SE, #104
Prior Lake, Minnesota 55372
ATIN: Town Clerk
To the Ci[}':
16200 Eagle Creek Avenue S.E.
Prior Lake, Minnesota 55372-1714
Attention: City Manager
22. Hold Harmless And Indemnification. The Township of Spring Lake hereby indemnifies and
holds the City >1*", ";;' :':"":> ';r. '~'''''' ,t,'. :""~"'."!.~:';"~"''''''; " ," harmless from an and all causes of action or claims
. . ::J::$::~::" '~!x!:..' '" '~.!I.:.~'~ '~~':r.~m:,~~~...ai.~<!:i.:'~')oex I Y
arising out of [Township's'iiegUg'ence 'acrspr failures to act relaTed to either] or in connection
!::i~,~:, F.'~c,~}~~~,J.J:lls Agreement. The Township further agrees to indemnify me City _~
~:~:.~ :. ; ,',: ',~,: ~::';::;~!:~ij~':,~:.~;" '" against, and hold them harmless from those claims, liabilities, demands,
damages, costs and expenses arising out of negligent or willful actions by the Township. its
~~g!.~l~es or residents which result in penalties imposed against the City -._
1It~, whether by federal; state or local governmental units, for violations of permits which
are required for the City or the Metropolitan Council to continue operation of the sewer and
water facilities to which the Township is connected.
''ioI' ift':~~.' '."":ll:... 'K ' '
'.~~~ ~. ....:... ;"
I ,~:ti~.~;<-;t . ~!.W.. . . '" "Ii;
, , negligent or wilful actions by the City in connection
with services provided pursuant to t is Agreement. [The City further agrees to indemnify the
Township againsI, and hold it harmless from those claims, liabilities, demands, damages, costs
and expenses arising out of negligent or willful actions by the City, its emplqyees or residents
5S8QG.OBA (revIsed)
11
[lralics) = Proposed Additions Not Made
__ = Proposed Additions Made
kikeeut == Requested Deletions Not Made
~~a- ... Rl:quested Deletions Made
)'~~~1'W~ 'X ,,'i);u' .
Bold - Our Additions
Bald Skilieeu&s ;;; 0\11' Deletions
T
,
05/13/98 WED 11:40 FAX 612 452 5550
CAMPBELL
l4J 013
which result in penalties imposed against the Township. whether be federal, state or local
govemmenr unirs. for violations of pennits which are required for the Township to continue
operation of the Facility].
24. Jurisdiction. This Agreement shall be governed by the laws of the State of Minnesota.
25. Successors And Assigns. The rights, privileges and obligations of the Parties under' this
Agreement are intended to, and shall remain in full force and effect and shall bind any successor
agencies or entities to which the authorities and obligations of the Parties may be assigned by
law.
26. Effective Date. The Agreement shall be effective upon all of the following having taken place:
(a) this Agreement having been' approved by Resolution of the Township Board and by
Resolution of the City Council and (b) this Agreement having been signed by all of the officers
d. t d . t' b I )I :'='1;" ":?'''f..,'~''',;I' ';;"';'i\'1'N;i"i~;'i7'~"'i ~.,.. i1'~!~ ~:"1":N'~:~" ;'iNj W~! . 'i-'I1~:I. li!"t . M~"': .~:, !~:""':;':d
eSlgna e as slgna ones e ow, . ",', ,,'. " , ' ,:,,:, '" "'" " , ":".,
K!li !~;~~{;~~ '~,&.J,,~' ':.!;' o!~!~ "I'~.~"'.,~~~. .:v.~~:".,. ;.\:~?oS:::;~:tI~;,,~~;:;:;s:"~:a:~;:i?C:~. . ..:...:~. .;5:tt,~:tc;~:~i'lWi
27. Administrative Fee. The Township shall pay to the City an Administrative Fee equal to [the
actual COSt of C;iry review of arry documents, as required by this Agreement. The estimated cosr
of fees jar review is .] three percent (3 %) of the lesser of the Design
Engineer's Opinion of Probable Cost for construction of the Facility or the amount of the award
of the bid for construction of the Facility. The Administrative Fee shall be paid to the City
prior to connection of the Facility to the City sanitary sewer and water pipes.
28. Recordine. This Agreement shall be recorded against all properties [the shaded area in Exibit
"A'1 in the service area depicted in Figure 3 of Exhibit C at the Township's sole cost and
expense. The purpose of this recording provision is to insure that the owners of property
[depicted in rhe shaded area in Exhibir "A'1 in the service area depicted in Figure 3 of Exhibit
C have notice that the number of COlUlection Units allowable under this Agreement is limited
to the number authorized in Paragraph 10 of this Agreement. The existence and/or recording
of this Agreement against a particular property is not intended to guarantee or entitle mat a
articular ro e will be " ' :. :":<'''~ ~~,...." ,.",.. ,"~::".z.'. i$.J.r'i:~~etl to the Facili .
p p p rty :~: ~! :~~~~:~-:~:~:~:~~! ~./;;j",,~';i:::i::::~~:~:<!~:~:*: ~u:,:.:.::.;\!o:lio1>.~",:;:M ty'
29. Duplicate Originals. This Agreement may be executed in any number of counterparts, each
of which shall be deemed to be an original, but all of which shall constitute one and the same
instrument.
SBao6. OSA C rli!vbed)
12
[Italics] "" Proposed Additions Not Made
~~i~~~ = Proposed Additions Made
mlmtlr;J!WJI.~
Striktl9'lll == Requested Deletions Not Made
fARm__ ... Requested Deletions Made
: Ni~;('jiC;K't ~KlIi ...... . :<ri;
Bold ... Our Add.itions
Beld Strikl!J8l1lfl ... Our Deletions
051.13/98 WED 11:40 FAX 612 452 5550
CAMPBELL
@I 014
IN WITNESS WHEREOF. the parties hereto have executed this Agreement the day and year fIrst
hereinabove written.
Spring Lake Township
City of Prior Lake
By:
Its:
By:
Wesley M. Mader, Mayor
AND:
By;
Its:
By;
Frank Boyles, City Manager
STATE OF MINNESOTA )
(55.
COUNTY OF )
The foregoing instrument was acknowledged before me this day ,of
. 19_, by and , the
and , respectively, of Spring Lake Township, a
Minnesota municipal corporation. on behalf of the corporation and pursuant to the authority granted by
the Township.
Notary Public
STATE OF MINNESOTA)
(85.
COUNTY OF scon )
The foregoing instrument was acknowledged before me this day of
, 1998, by Wesley M. Mader and Frank Boyles, respectively the Mayor and City
S880fLOIlA (rll~1Sed)
13
[Italics) ... Proposed Ac1ditionJ Not Made
__ _ Proposed Additions Made
~e9Yt - Requested Deletions Not Made
~_ _ Requested Deletions ~ade
Bold =- Our Additions
lIsJtI Strjkee&t5 = Our Deletions
T
t
.
05/13/98 WED 11:40 FAX 612 452 5550
CAMPBELL
141 015
i
Manager of the City of Prior Lake, a Minnesota municipal corporation) on behalf of the corporation
and pursuant to the authority granted by its City Council.
Notary Public
THIS INSTRUMENT WAS DRAFTED By:
CAMPBELL KNUTSON, P .A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
SLP:kgm
58806.01lA (rev1 sed I
14
[ItaliC's] - Proposed Additions Not Made
..._ _ Proposed ~dditions Made
k'ikeeut - Requested Delenons Not Made
~_ _ Requested Deletions Made
"~'KX- .. I ,~. u:
, Bold == Our Additions
BeIEl Skilieet1ls == Out Deletions
05/13/98 WED 11:40 FAX 612 452 5550
CAMPBELL
~016
9-4-14:
9-4-15:
9-4-17 :
EXHIBIT "D"
. To
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SANITARY SEWER AND WATER
Prior Lake City Code Provisions IncorDorated Herein
(See Section 11.1 of this Agreement)
DEFICIENCY OF WATER AND SHUTTING OFF WATER: The City shall not be
liable for any deficiency or failure in the supply of water to .consumers, whether
occasioned by shutting the water off for the purpose of making repairs or connections or
by any other cause whatever. In case of fire, or alann of fire, water may be shut off to
insure a supply for fire fighting, or in making repairs or construction of new works,
water may be shut off at any time and kept shut off so long as may be necessary. '
RESTRICTED HOURS FOR SPRINKLING: Lawn or garden sprinkling, irrigation,
car washing and other non-essential outdoor use of the Municipal Water System shall be
restricted to an odd/even system in conjunction with an 11:00 a.m. to 5:00 p.m. ban
effective May 1 through September 1. Residents with an odd house number may water
lawns or use an outside hose, when necessary, before 11:00 a.m. and after 5;00 p.m.
only on odd numbered calendar days. Residents with an even house number may water
lawns or use an outside hose, when necessary, before 11:00 a.m. and after 5:00 p.m.
only on even numbered calendar days. This applies to all municipal water users.
Exceptions shall be made for landscaping, including newly seeded or sodded lawns.
within the first thirty (30) days of placement. Private wells used for irrigation shall be
exempt from these restrictions. Municipal water customers who have been notified of
a violation of these restrictions, and who violate them a second time, shall be fmed
$25.00 for each day of violation. The fme shall be added to the offenders next water
bill. A third violation shall be cause for discontinuance of water service. After
payment of all outstanding bills, fmes and connection fees (as stated in the City Fee
Schedule), the water service shall be restored.
PRlV ATE WATER SUPPLIES: No water pipe of the City water supply system shall
be connected with any pump, well or tank that is cOIUlected with any source of water
supply and when such are found, the Inspector shall notify the owner to disconnect the
same, and if not done immediately. the public water supply shall be turned off. Before
any new connection to the City system is permitted, the Inspector shall ascertain that no
cross connections will exist when the new connection is made. It is to be specifically
understood that water from private sources, when a public supply is available, cannot be
used for any purpose within the City limits, except for outside uses and one faucet per
residential dwelling unit.
58e06.0l!A (revised)
15
[lralicJ'] = Proposed Additions Not Made
~j'mM';lrf~ ,.. Proposed Additions Made
,,~~~J1U
~t _ Requested Deletions Not Made
Eir.- .. ~equested Deletions ~ade
Bold = Our Additions
B8111 Swilie9tlM :: Our Deletions
^-,-----^----^-"-"-^,--^^^" '~.^---I"- I
05/13/98 WED 11:41 FAX 612 452 5550
CAMPBELL
~ 0 {'7
9-5~14:
TYPES OF WASTE PROHIBITED:
(A)
Except as hereinafter provided, it shall be unlawful to discharge any of the following
described waters or wastes into the Municipal sanitary sewer system:
1. Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit;
2. Any water waste containing more than 100 parts per million by weight of fat, oil
or grease;
3. Any gasoline, benzine, naphtha. fuel oil or other inflammable or explosive liquid,
solid or gas;
4. Any garbage that has not been shredded so that the garbage particles are smaller
than one-half inch in their largest dimension;
5. Any ashes, cinders', sand; mud, straw, shavings, metal lass, rags, feathers,
plastic, wood; paunch manure or any other solid or viscous substance capable of
causing obstruction to the flow in sewers or other interference with the proper
operation of the sewage system;
6. Any waters or wastes containing a toxic or poisonous substance in sufficient
quantity to injure or interfere with any sewage treatment process or which
constitutes a hazard to humans or animals or creates any hazard in the receiving
waters of the sewage treatment plant;
7. Any waters or wastes containing suspended solids of such character and quantity
that unusual attention or expense is required to handle such materials at the
sewage treatment plant;
8. Any noxious or malodorous gas Qr substance. capable of creating a public
nuisance;
9. Grease, oil and sand interceptors shall be provided when, in the opinion of the
Plumbing Inspector, they are necessary for the proper handling of liquid wastes
containing grease in excessive amounts or any inflammable wastes, sand or other
harmful ingredients; except that such interceptors shall not be required for private
dwelling units which discharge only normal wastes therefrom. Such grease and
oil interceptors shall be of substantial construction, watertight and equipped with
easily removable covers which when bolted in place, shall be gaslight and
watertight. All grease, oil and sand interceptors shall be maintained by the
owner, at his expense, in continuously efficient operation at all times.
(B) The admission into the public sewers of any water or wastes:
1. Having a five-day Biochemical Oxygen Demand greater than 300 parts per
million by weight; or
2. Containing more than 350 parts per million by weight of suspended solids; or
3. Containing any quantity of substances having any characteristics described in
subsection (A) 1 through (A)9 hereof; or
4. Having an average daily flow greater than 2 % of the average daily sewage flow
58806.0BA (rev1sedl
16
[Italics] = Proposed AdditiODs Not M2de
1'_1.1~ "'" Proposed Additiom Made
StrikeEntt ... Requested. Deletions Not Made
~lMWiR:.Bml "" :Rem1e$ted Deletions Made
;";t;oX)..K~'~X Xrx~~:<, .~':":6:':;; ~-
Bold = Our Additions
lahl SSl'ilieeul5 = Our Deletions
0~/13/98 WED 11:41 FAX 612 452 5550
CAMPBELL
III 018
of the Municipal sewer system shall be subject to the review and approval of the
City Engineer.
The owner shall provide, at his expense, such preliminary treatment as may be necessary
to:
a. Reduce 'the Biochemical Oxygen Demand to 300 parts per million and the
suspended solids to 350 pans per million by weight; or
b. Reduce objectionable characteristics or constituents to within the maximum limits
provided for in subsections (A)l through (A)9 hereof, or
c. Control the quantities and rates of discharge of such waters or wastes. Plans,
specifications and any other pertinent information relating to proposed preliminaxy
treatment facilities shall be submitted for the approval of the City Council and of
the Water Pollution Control Commission of the 'State of Minnesota, and no
construction of such facilities shall be commenced until said approvals are
obtained in writing.
(C) Where preliminary treatment facilities are provided for any waters or wastes, they shall
be maintained continuously in satisfactory and effective operation by the owner. at ~s
expense.
(D) The owner of any property served by a building sewer carrying industrial wastes shall
install a suitable control manhole in the building sewer line to facilitate observation,
sampling and measurement of the wastes. Such manhole, when required, shall be
accessible and safely located, and shall be constructed in accordance with plans approved
by the City Engineer. The manhole shall be installed by the owner at his expense, and
shall be maintained by him so as to be safe and accessible at all times.
(E) All measurements, tests and analyses of the characteristics of waters and wastes, to which
reference is made in subsections (A) and (B) above shall be detennined in accordance
with the methods employed by the Minnesota Department of Health, and shall be
determined at the control manhole provided for in subsection (D) above, or upon suitable
samples taken at said control manhole. In the event that no special manhole has been
required, the control manhole shall be considered to be the nearest downstream manhole
in the public sewer to the point at which the building sewer is connected.
(F) No statement contained in this Section shall be CODStIued as preventing any special
agreement or arrangement between the City and any industrial concern whereby an
Industrial waste of unusual strength or character may be accepted by the City for
treatment. subject to payment therefore by the Industrial concern.
(G) It shall be unlawful to discharge into the Municipal sanitary sewer system any industrial'
wastes unless the prior approval of the Plumbing Inspector is obtained. The Plumbing
58806.084 (revised)
17
[llaZies) - Proposed Additions Not Made
ti~Mlll'.i~ = Proposed Additions Made
~~~~
'Sg.i,llelllit - Requested DeletioI1S Not Made
~~ = Requested Deletions Made
i'l':,"ll;,X'tK ..,. . Ie .. . .u.
. Bold ... Our Additions
BltId StPiliee\H5 = Our Deletions
~,.,._----"- T
.
05/13/98 WED 11:42 FAX 612 452 5550
CAMPBELL
~019.
Inspector shall approve the discharge of industrial wastes when, in his opinion, the
proposed wastes will not be of an unusual amount or character.
9-5-15:
DISCHARGE OF SURFACE WATERS PROHIBITED: It shall be unlawful to
discharge or cause to be discharged into the Municipal sewer system, either directly or
indirectly, any roof, stann, surface or ground water of any type or kind. No water shall
be discharged from any air conditioning unit or system either directly or indirectly into
the Municipal sanitary sewer system without prior written approval of the City Engineer.
Separate charges shall be made in case that air conditioning waters shall be discharged
into the sewer system and said charges shall be based upon. the amount of water
discharged into said sewer system and the amount so discharged shall be measured by
a metering device installed for that purpose and approved by the City Engineer. Said
charge shall be in addition to those provided in Section 9-6-5 of the Prior Lake City
Code.
S8806.0BA (revised)
18
(Italics] .... Proposecl Additions Not Made
a_fls, ... Proposed ~dditions Maele
8olrikes\lt = Requested Deletions Not Made
Bti_ "" Requested Deletions ~ade
Bold - Our Addltlons
Beld S"'ilaeew ;= Our,Detetions